Terms & Conditions

Science of Nurtured Sleep Terms and conditions

 

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the sciencenurturedsleep.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Science of Nurtured Sleep (“Science of Nurtured Sleep”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Science of Nurtured Sleep, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

 

Billing and payments

 

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

Accuracy of information

 

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

 

Links to other resources

 

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Links may include but are not limited to: Wix; Sentry; Contact form; Direct registration; Stripe; PayPal; Jotform and Google Teams. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

 

Prohibited uses

 

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

 

Intellectual property rights

 

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Science of Nurtured Sleep or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Science of Nurtured Sleep. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Science of Nurtured Sleep or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Science of Nurtured Sleep or third party trademarks.

 

Disclaimer of warranty

 

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

Limitation of liability

 

To the fullest extent permitted by applicable law, in no event will Science of Nurtured Sleep, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Science of Nurtured Sleep and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Science of Nurtured Sleep for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

Indemnification

 

You agree to indemnify and hold Science of Nurtured Sleep and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

 

Severability

 

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

Dispute resolution

 

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Belgium without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Belgium. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Belgium, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

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Prior to obtaining the services of Science of Nurtured Sleep and Sleep Consultant: Pamela Pecotich, I certify that I clearly understand the following: 

 

I choose to consult with the company and Pamela Pecotich as a certified sleep consultant who conveys tailored self-help information that people can use to enhance their childs sleep and wellbeing. I take full responsibility for my actions with her guidance and support. I understand that Pamela's sole intention is to offer educational information that will help to bring improved sleep for my family. If I choose to use this information for myself or loved ones, then I affirm that the responsibility is mine. Pamela cannot make guarantees as to the outcomes of her advice as there are many variables affecting the implementation of the advice and the response of the child. Therefore Pamela will not be held accountable if sleep does not improve. I understand that Pamela does not provide legal medical services, but instead suggestions that I can choose to use for sleep and well-being. I will not consider her advice or anything that she says to replace the treatment of a licensed healthcare provider or medical doctor. Pamela is not a licensed health care provider or medical doctor. She does not diagnose, prescribe, or treat symptoms, defects, injuries or diseases.  

Please read and acknowledge that you understand and agree to the above statements. Thank you!

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Assignment

 

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

 

Changes and amendments

 

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

 

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

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Digital File Returns and Refunds Policy

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If, for any reason, You are not completely satisfied with a purchase. We invite You to review our policy on Digital File Returns and Refunds. This Return and Refund Policy has been created with the help of the Return and Refund Policy Generator.

The following terms are applicable for any eGuide digital products or personalized services that You purchased with Us.

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Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of this Return and Refund Policy:

• (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Science of Nurtured Sleep, Rhode Saint Genese Belgium 1640.

• refer to the items offered for sale on the Services and Products eCommerce page.

• mean a request by You to purchase Goods or Services from Us.

• refers to the Website.

• refers to Science of Nurtured Sleep, accessible from https://www.sciencenurturedsleep.com

• means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Your Order Cancellation & Return Rights

You are entitled to cancel/remove Your items in the shopping Cart at any time.

Once an Order is purchased and Fulfilled No Returns or Refunds are available for digital file or personalised services/products.

The following Goods cannot be returned:

• The supply of digital files for immediate download.

• The supply of Goods made to Your specifications or clearly personalised.

• The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.

• The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.

We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our sole discretion.

 

Acceptance of these terms

 

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

 

Contacting us

 

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

 

By email: science.nurturedsleep@gmail.com

 

This document was last updated on September 13, 2023

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ABN 11 212 923 985